LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

8	Article 7 [became CISG article 8 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:

"Article 7 [became CISG article 8 ]

"(1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.

"(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person would have had in the same circumstances.

"(3) In determining the intent of a party or the understanding a reasonable person would have had in the same circumstances, due consideration is to be given to all relevant circumstances of the case including the negotations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 7 [became CISG article 8 ] by Norway (A/CONF.97/C.1/L.28), India (A/CONF.97/C.l/L.31), United Kingdom (A/CONF.97/C.1/L.33), Egypt (A/CONF.97/C.1/L.43), Italy (A/CONF.97/C.1/L.50), Sweden (A/CONF.97/C.1/L.52) and Pakistan (A/CONF.97/C.1/L.53).

3. These amendments were to the following effect:

Article as a whole.

(i) Sweden (A/CONF.97/C.1/L.52):

Paragraph (1)

(ii) India (A/CONF.97/C.1/L.31):

(iii) United Kingdom (A/CONF.97/C.1/L.33):

(iv) Italy (A/CONF.97/C.1/L.50):

Paragraph (2)

(v) Egypt (A/CONF.97/C.1/L.43):

(vi) Pakistan (A/CONF.97/C.1/L.53):

(vii) Norway (A/CONF.97/C.1/L.8):

(viii) Pakistan (A/CONF.97/C.1/L.53):

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 7 [became CISG article 8 ] at its 6th meeting on 14 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

Article as a whole.

5. At the 6th meeting, the amendment by Sweden (A/CONF.97/C.1/L.52) was rejected by a vote of 6 in favour, and a greater number against.

Paragraph (1).

6. At the 6th meeting, the amendment by India (A/CONF.97/C.1/L.31) was rejected by a vote of 6 in favour and 24 against; and the amendment of the United Kingdom (A/CONF.97/C.1/L.33) was rejected by a vote of 7 in favour and 26 against. The amendment by Italy (A/CONF.97/C.1/L.50) was withdrawn, and the UNCITRAL text adopted.

Paragraph (2).

7. At the 6th meeting, the amendment by Pakistan (A/CONF.97/C.1/L.53) was rejected, and the amendment by Egypt (A/CONF.97/C.1/L.43) was adopted by a vote of 19 in favour and 13 against, and referred to the Drafting Committee.

Paragraph (3).

8. At the 6th meeting, the amendments by Norway (A/CONF.97/C.1/L.8) and Pakistan (A/CONF.97/C.1/L.53) were withdrawn, and the UNCITRAL text adopted.

[For subsequent Conference material on the development/approval of the final text of CISG article 8, go to Plenary Conference 6th meeting (continued)]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

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